misrepresentation

The misrepresentation which will vitiate a contract of sale, and prevent a court of equity from aiding its enforcement, must not only relate to a material matter constituting an inducement to the contract, but it must relate to a matter respecting which the complaining party did not possess at hand the means of knowledge; and it must be a misrepresentation upon which he relied, and by which he was actually misled to his injury.

The assertion of that which is not true. The nature of misrepresentations to entitle a party injured thereby varies with the nature of the relief sought, but in general the misrepresentation for which relief will be granted must be a vrillfu Uy false statement respecting a matter of fact (not of law or opinion), which was reasonably calculated to mislead the party to his prejudice in respect to the business in hand, and which did actually have that effect. MISSILIA (Lat. from mittere, to send or throw).

In the Roman law. Gifts or liberalities, which the praetors and consuls were in the habit of throwing among the people. Inst. 2. 1. 45.

A false or erroneous representation.

An intentional false statement respecting a matter of fact, made by one of the parties to a contract, which is material to the contract and influential in producing it. 29 N. J. Eq. 262. False or fraudulent misrepresentation is a representation contrary to the fact, made by a person with a knowledge of its falsehood, and being the cause of the other party's entering into the contract. 6 Clark & F. 232. Negligent misrepresentation is a false representation made by a person who has no reasonable grounds for believing it to be true, though he does not know that it is untrue, or even believes it to be true. L. R. 4 H. L. Innocent misrepresentation is where the person making the representation had reasonable grounds for believing it to be true.

See Representation, 1.

An account or description of matters of fact given to another person falsely and to his injury. The word is of frequent and important use in the law of contracts, in view of the principle that one who has been induced, by misrepresentations, to enter into a contract, can be relieved from liability upon it, on proper application and proof of the deceit or mistake; and particularly in the law of insurance, where misrepresentation is frequently a ground of defending actions on policies. Misrepresentation is asserting what is not true in whole or in part. Though not bound to answer a question, yet, if the party does answer, he must do it fully, fairly, and in good faith, so as to give the other the benefit of the question and information sought. If a representation is voluntarily made, without being requested, it must be substantially true in every matter material to the contract. Blydenburgh v. Welsh, Baldw. 331, 337. To constitute a representation, there must be language used equivalent to an averment of a particular fact. If it be untrue, its materiality to the risk must determine its influence on the policy. A false representation, though no breach of the contract, if material, avoids the policy on the ground of fraud, or because the insurer has been misled by it. Livingston v. Maryland Ins. Co., 7 Cranch, 506. In order to avoid a policy for a misrepresentation, it must be a misrepresentation in which the matter disclosed or concealed is material to the risk of the voyage; one in which such matter affects the risk so as to render it different from the one understood at the time, and on which the premium was calculated. Hodgson v. Marine Ins. Co., 5 Cranch, 100. If a person makes a representation on information derived from others, reporting it truly, and states it, not as being known to him positively, but as resting on information, the policy is not avoided because the information proves incorrect. Tidmarsh v. Washington Fire & Marine Ins. Co., 4 Mas. 439. If a representation is made in good faith, the policy is not avoided by the representation being rendered incorrect through a subsequent change. Hubbard v. Coolidge, 2 Gall. 353.